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Industrial Relations Ordinance (XXIII of 1969)--- ----S. 51---Back benefits---Trial Court reinstated employee with full back benefits, but Tribunal despite holding that order of dismissal of employee was not sustainable, disallowed back benefits awarded by Trial Court to employee---Trial Court had clearly stated in its order that since dismissal from service, employee was jobless---In view of such finding, -onus was on employer to disprove same, but employer failed to discharge that burden--­Appellate Tribunal, in circumstances, was not legally justified to refuse back benefits to employee. Syed Asghar Imam v. Sindh Labour Appellate Tribunal and 2 others 1990 PLC 346 ref. Ch. Shabbir Ahmad for Petitioner. Nemo for Respondents. Date of hearing 28th September, 1992. JUDGMENT The facts of this case are that the petitioner was a conductor in the service of respondent No. 2 and was dismissed on 5-1-1983. The dismissal was on account of dishonesty but the Inquiry Officer observed that it was a case of carelessness in the discharge of his duty. The petitioner filed a grievance petition which was accepted by the Presiding Officer, Punjab Labour Court No.1, Lahore vide his order dated 20-3-1985 and the petitioner was reinstated with full back benefits. The respondent No. 2 Government Transport Service filed an appeal which was partly accepted by the Punjab Labour Appellate Tribunal, Lahore vide order dated 9-4-1986 and back benefits were disallowed to the petitioner. This order is assailed in this writ petition. 2. The learned counsel for the petitioner submits that there is a finding of fact by both the Presiding Officer, Punjab Labour Court…

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